The Washington critic., 1887-12-07
FOREIGNERS AS OWNERS OF DIS
TRICT REAL ESTATE.
A Violation by Congress of Maryland's
Act of CeSSiOn.
Effects of Hasty Action--Historical
Prcccdcnts-A law That Needs
Amendment.

and references suggested by the effects
of the law of March 3, 1887, which were
discussed in The CRITIC of November II |
dnder the head of u Legislative Blum
der" to wit, the act entitled IAN act to |
restrict the ownership of real estate in
the Territories to American citizens, and |
10 forth" which law, as then stated, in
cluded the District Of Columbia by name
in the prohibition as TO aliens acquiring
real estate in the Territories.
First, in respect TO its Importance, it
may be mentioned that one of the curl
Ous facts discovered in looking up the
replies and queries suggested by the
practical working of that law is the an
swer to the question asked of the writer
by Senator Edmunds, who inquired if
prior to the passage of that law there
was any prohibition in the common law
in force in the District of Columbia as to
the ownership by aliens of real estate
within its limits, or any right so to do
conferred upon them. lie was espec-
lally pointed in saying he did not ask
what was the practice as to this in this
city, but what the law actually was be-
to this from one well versed in the old
and new laws of the District of Column
bia was that there had been no law pro-
hibiting aliens from holding real estate
here prior to that under discussion, but
on the contrary, in passing that law,
Congress had violated n condition in the
act of cession from the State of Mary
land, when giving part of her territory
to the United States to be incorporated
in the District of Columbia.
THE ACT OF CEssIoN.
In Burch's "Digest of the Laws Of the
Corporation Of the City Of Washington"
is the following in the act of Maryland
ratifying the cession of land for the ter
ritory of Columbia and city of Washing
ton, passed December 10, 179l:
"Sixth section And be it enacted,
that any foreigner may by deed, or will
hereafter to be made, take and hold
lands within that part of the said ter
ritory which lies within this State in the
same manner as if he was a citizen of
this State, and the same lands may be
conveyed by him and transmitted to and
be inherited by his heirs or relations as
If he and they were citizens of this State.
Provided, that no foreigner shall in
virtue hereof be entitled to any further
OF otncr pIlNlleSc VI u CitlAci.
THE ACT OF ACCEPTANCE.
The act of acceptance of the land by
Congress after this act of cession does
not appear to have found fault with this
provision. But the land was taken us
offered without rendering this condition
cited imperative. AT the time the land
was given by Maryland and accepted
by Congress, and subsequently, it was
thought, rs old letters passing between
General Washington and those under
whose direction this city was laid out
and other old documents prove, to be de-
sirable that foreign governments should
own residences and Offices for their rep
resentatives in the Capital City of our
then new Republic
Wherefore the condition quoted in
Maryland's act of cession was in nowisc
Objectionable to our National Legisla-
ture. The acceptance of the land thus
ceded was in the nature of treaty
between Congress and the State of
Maryland, sv that the newlaw prohibiting
aliens from holding real estate in this
city is considered by some of the good
lawyers violation of good faith on the
part of Congress. Congress did not
know there was any such condition in
Maryland's act of cession, doubtless,
but / believe it is a principle in law that
ignorance of the law excuses no one
for its violation"
VIOLATION OF LAW.
When Senator Chandler's attention
was called to this violation on the part
of Congress of an express condition
made by Maryland in ceding the land
10 the United States on which the entire
city of Washington stands, he said at
once: 81 hope Maryland, in virtue of
that breach of contract by Congress,
will not insist on taking her territory
back again, so that German and his
crowd can come here and take possession
OF us ALL"
When this was told to Assistant Post
master-Gcneral Knott he, as n Maryland
man, at once became intensely interest
ed, and said he thought his State ought
TO declare the act of cession void, be-
cause of the violation by Congress Of one
of the conditions on which the land was
given, and claim the National Capital as
her own and invite the rest of the
United States to be annexed if they de.
sired to own share in the Capital City.
Now, this seems even worse than Civ
ing back the rebel flags, but Congress is
responsible for the retrocession, if come
II must.
Mr.. Knott suggested that it probably
was because of the wish that foreign
governments should own legation build
ings in the National Capital that Mary.
land had made the stipulation above
quoted in her act of ccssion, and the
earliest instance of an effort being made
in this direction gives positive proof that
our authorities invited foreign govern.
mcnts who had ministers accredited ia
the United States TO select ground in the
new Capital City for their residences,
intending to give it to their govern
mcnts.
FOREIGN PURCHASES INVITED.
BY reference to the proceedings of the
Commissioners of the District of Colum.
bia on May 3, 1897, it appears that on
that day ths-e were letters written to
the British, Dutch and Portuguese Min,
lsters, and inclosed in letter to the
President of the United States. From
The correspondence which follows il
seems the Commissioners then offered
land for then legations to each of the
countries named. The first to respond
MAS the Minister from Portugal.
The early correspondence between
the Commissioners and the Portuguese
Minister, Chevalier Freire, shows that
on May %, l70S, the latter wrote in the
city of Washington, TO the Commits
sioners that he was authorized by Her
Most Faithful Majesty, the Queen OF
Portugal, to accept their offer OF May 3,
1897, of convenient site for the resi-
dence of Her AIajesty's Ministers near
the United States, and he added that he
had come to Washington to make the
proposed selection in conformity with